| |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the repeal of certain health programs, task forces, and |
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councils, to the review of certain health programs, councils, |
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|
centers, and divisions under the Texas Sunset Act, and to the |
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transfer of certain functions to the Department of State Health |
|
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Services; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 531.021(b), Government Code, is amended |
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|
to read as follows: |
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(b) The commission shall: |
|
|
(1) plan and direct the Medicaid program in each |
|
|
agency that operates a portion of the Medicaid program, including |
|
|
the management of the Medicaid managed care system and the |
|
|
development, procurement, management, and monitoring of contracts |
|
|
necessary to implement the Medicaid managed care system; |
|
|
(2) adopt reasonable rules and standards governing the |
|
|
determination of fees, charges, and rates for medical assistance |
|
|
payments under Chapter 32, Human Resources Code, in consultation |
|
|
with the agencies that operate the Medicaid program; and |
|
|
(3) establish requirements for and define the scope of |
|
|
the ongoing evaluation of the Medicaid managed care system |
|
|
[conducted in conjunction with the Texas Health Care Information
|
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|
Council under Section 108.0065, Health and Safety Code]. |
|
|
SECTION 2. Section 531.0214(b), Government Code, is amended |
|
|
to read as follows: |
|
|
(b) To minimize cost and duplication of activities, the |
|
|
commission shall assist and coordinate: |
|
|
(1) the efforts of the agencies that are participating |
|
|
in the development of the system required by Subsection (a); and |
|
|
(2) the efforts of those agencies with the efforts of |
|
|
other agencies involved in a [statewide] health care data |
|
|
collection system used by the Department of State Health Services |
|
|
[provided for by Section 108.006, Health and Safety Code], |
|
|
including avoiding duplication of expenditure of state funds for |
|
|
computer hardware, staff, or services. |
|
|
SECTION 3. Section 2054.0541, Government Code, is amended |
|
|
to read as follows: |
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|
Sec. 2054.0541. STATEWIDE HEALTH CARE DATA COLLECTION |
|
|
SYSTEM. The department shall assist [the Texas Health Care
|
|
|
Information Council and] the [Texas] Department of State Health |
|
|
Services with planning, analyses, and management functions |
|
|
relating to the procurement, use, and implementation of a |
|
|
[statewide] health care data collection system used by the |
|
|
Department of State Health Services [under Chapter 108, Health and
|
|
|
Safety Code]. |
|
|
SECTION 4. Chapter 35, Health and Safety Code, is amended by |
|
|
adding Section 35.014 to read as follows: |
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|
Sec. 35.014. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The |
|
|
services program for children with special health care needs is |
|
|
subject to review under Chapter 325, Government Code (Texas Sunset |
|
|
Act), as if it were a state agency subject to review under that |
|
|
chapter. If the program is not continued in existence in accordance |
|
|
with that chapter, the program is abolished and this chapter |
|
|
expires September 1, 2019. |
|
|
(b) To the extent that Chapter 325, Government Code (Texas |
|
|
Sunset Act), places a duty on a state agency subject to review under |
|
|
that chapter, the department shall perform the duty as it relates to |
|
|
the program. |
|
|
SECTION 5. Chapter 36, Health and Safety Code, is amended by |
|
|
adding Section 36.015 to read as follows: |
|
|
Sec. 36.015. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The |
|
|
screening program for special senses and communication disorders |
|
|
established under this chapter is subject to review under Chapter |
|
|
325, Government Code (Texas Sunset Act), as if it were a state |
|
|
agency subject to review under that chapter. If the program is not |
|
|
continued in existence in accordance with that chapter, the program |
|
|
is abolished and this chapter expires September 1, 2019. |
|
|
(b) To the extent that Chapter 325, Government Code (Texas |
|
|
Sunset Act), places a duty on a state agency subject to review under |
|
|
that chapter, the department shall perform the duty as it relates to |
|
|
the program. |
|
|
SECTION 6. Chapter 37, Health and Safety Code, is amended by |
|
|
adding Section 37.007 to read as follows: |
|
|
Sec. 37.007. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The |
|
|
program to detect abnormal spinal curvature in children established |
|
|
under this chapter is subject to review under Chapter 325, |
|
|
Government Code (Texas Sunset Act), as if it were a state agency |
|
|
subject to review under that chapter. If the program is not |
|
|
continued in existence in accordance with that chapter, the program |
|
|
is abolished and this chapter expires September 1, 2019. |
|
|
(b) To the extent that Chapter 325, Government Code (Texas |
|
|
Sunset Act), places a duty on a state agency subject to review under |
|
|
that chapter, the department shall perform the duty as it relates to |
|
|
the program. |
|
|
SECTION 7. Chapter 38, Health and Safety Code, is amended by |
|
|
adding Section 38.003 to read as follows: |
|
|
Sec. 38.003. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The |
|
|
program for the control and eradication of pediculosis in minors |
|
|
established under this chapter is subject to review under Chapter |
|
|
325, Government Code (Texas Sunset Act), as if it were a state |
|
|
agency subject to review under that chapter. If the program is not |
|
|
continued in existence in accordance with that chapter, the program |
|
|
is abolished and this chapter expires September 1, 2019. |
|
|
(b) To the extent that Chapter 325, Government Code (Texas |
|
|
Sunset Act), places a duty on a state agency subject to review under |
|
|
that chapter, the department shall perform the duty as it relates to |
|
|
the program. |
|
|
SECTION 8. Chapter 39, Health and Safety Code, is amended by |
|
|
adding Section 39.007 to read as follows: |
|
|
Sec. 39.007. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The |
|
|
children's outreach heart program is subject to review under |
|
|
Chapter 325, Government Code (Texas Sunset Act), as if it were a |
|
|
state agency subject to review under that chapter. If the program |
|
|
is not continued in existence in accordance with that chapter, the |
|
|
program is abolished and this chapter expires September 1, 2019. |
|
|
(b) To the extent that Chapter 325, Government Code (Texas |
|
|
Sunset Act), places a duty on a state agency subject to review under |
|
|
that chapter, the department shall perform the duty as it relates to |
|
|
the program. |
|
|
SECTION 9. Chapter 40, Health and Safety Code, is amended by |
|
|
adding Section 40.008 to read as follows: |
|
|
Sec. 40.008. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The |
|
|
epilepsy program established under this chapter is subject to |
|
|
review under Chapter 325, Government Code (Texas Sunset Act), as if |
|
|
it were a state agency subject to review under that chapter. If the |
|
|
program is not continued in existence in accordance with that |
|
|
chapter, the program is abolished and this chapter expires |
|
|
September 1, 2019. |
|
|
(b) To the extent that Chapter 325, Government Code (Texas |
|
|
Sunset Act), places a duty on a state agency subject to review under |
|
|
that chapter, the department shall perform the duty as it relates to |
|
|
the program. |
|
|
SECTION 10. Chapter 41, Health and Safety Code, is amended |
|
|
by adding Section 41.008 to read as follows: |
|
|
Sec. 41.008. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The |
|
|
hemophilia assistance program is subject to review under Chapter |
|
|
325, Government Code (Texas Sunset Act), as if it were a state |
|
|
agency subject to review under that chapter. If the program is not |
|
|
continued in existence in accordance with that chapter, the program |
|
|
is abolished and this chapter expires September 1, 2019. |
|
|
(b) To the extent that Chapter 325, Government Code (Texas |
|
|
Sunset Act), places a duty on a state agency subject to review under |
|
|
that chapter, the department shall perform the duty as it relates to |
|
|
the program. |
|
|
SECTION 11. Chapter 42, Health and Safety Code, is amended |
|
|
by adding Section 42.019 to read as follows: |
|
|
Sec. 42.019. SUNSET PROVISION. The kidney health care |
|
|
division is subject to Chapter 325, Government Code (Texas Sunset |
|
|
Act). Unless continued in existence as provided by that chapter, |
|
|
the division is abolished and this chapter expires September 1, |
|
|
2019. |
|
|
SECTION 12. Chapter 43, Health and Safety Code, is amended |
|
|
by adding Section 43.015 to read as follows: |
|
|
Sec. 43.015. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The |
|
|
oral health improvement services program is subject to review under |
|
|
Chapter 325, Government Code (Texas Sunset Act), as if it were a |
|
|
state agency subject to review under that chapter. If the program |
|
|
is not continued in existence in accordance with that chapter, the |
|
|
program is abolished and this chapter expires September 1, 2019. |
|
|
(b) To the extent that Chapter 325, Government Code (Texas |
|
|
Sunset Act), places a duty on a state agency subject to review under |
|
|
that chapter, the department shall perform the duty as it relates to |
|
|
the program. |
|
|
SECTION 13. Chapter 46, Health and Safety Code, is amended |
|
|
by adding Section 46.008 to read as follows: |
|
|
Sec. 46.008. APPLICATION OF SUNSET ACT TO SYSTEM. (a) The |
|
|
system created by Section 46.002(a) is subject to review under |
|
|
Chapter 325, Government Code (Texas Sunset Act), as if it were a |
|
|
state agency subject to review under that chapter. If the system is |
|
|
not continued in existence in accordance with that chapter, the |
|
|
system is abolished and this chapter expires September 1, 2019. |
|
|
(b) To the extent that Chapter 325, Government Code (Texas |
|
|
Sunset Act), places a duty on a state agency subject to review under |
|
|
that chapter, the department shall perform the duty as it relates to |
|
|
the system. |
|
|
SECTION 14. Chapter 47, Health and Safety Code, is amended |
|
|
by adding Section 47.010 to read as follows: |
|
|
Sec. 47.010. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The |
|
|
newborn hearing screening, tracking, and intervention program is |
|
|
subject to review under Chapter 325, Government Code (Texas Sunset |
|
|
Act), as if it were a state agency subject to review under that |
|
|
chapter. If the program is not continued in existence in accordance |
|
|
with that chapter, the program is abolished and this chapter |
|
|
expires September 1, 2019. |
|
|
(b) To the extent that Chapter 325, Government Code (Texas |
|
|
Sunset Act), places a duty on a state agency subject to review under |
|
|
that chapter, the department shall perform the duty as it relates to |
|
|
the program. |
|
|
SECTION 15. Section 81.010, Health and Safety Code, is |
|
|
amended by adding Subsection (l) to read as follows: |
|
|
(l) The Interagency Coordinating Council for HIV and |
|
|
Hepatitis is subject to Chapter 325, Government Code (Texas Sunset |
|
|
Act). Unless continued in existence as provided by that chapter, |
|
|
the council is abolished and this section expires September 1, |
|
|
2019. |
|
|
SECTION 16. Chapter 83, Health and Safety Code, is amended |
|
|
by adding Section 83.0085 to read as follows: |
|
|
Sec. 83.0085. APPLICATION OF SUNSET ACT TO PROGRAM. (a) |
|
|
The program created by Section 83.008 is subject to review under |
|
|
Chapter 325, Government Code (Texas Sunset Act), as if it were a |
|
|
state agency subject to review under that chapter. If the program |
|
|
is not continued in existence in accordance with that chapter, the |
|
|
program is abolished and this chapter expires September 1, 2019. |
|
|
(b) To the extent that Chapter 325, Government Code (Texas |
|
|
Sunset Act), places a duty on a state agency subject to review under |
|
|
that chapter, the department shall perform the duty as it relates to |
|
|
the program. |
|
|
SECTION 17. Subchapter B, Chapter 85, Health and Safety |
|
|
Code, is amended by adding Section 85.045 to read as follows: |
|
|
Sec. 85.045. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The |
|
|
state grant program established under this subchapter is subject to |
|
|
review under Chapter 325, Government Code (Texas Sunset Act), as if |
|
|
it were a state agency subject to review under that chapter. If the |
|
|
program is not continued in existence in accordance with that |
|
|
chapter, the program is abolished and this subchapter expires |
|
|
September 1, 2019. |
|
|
(b) To the extent that Chapter 325, Government Code (Texas |
|
|
Sunset Act), places a duty on a state agency subject to review under |
|
|
that chapter, the department shall perform the duty as it relates to |
|
|
the program. |
|
|
SECTION 18. Subchapter C, Chapter 85, Health and Safety |
|
|
Code, is amended by adding Section 85.067 to read as follows: |
|
|
Sec. 85.067. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The |
|
|
Texas HIV medication program is subject to review under Chapter |
|
|
325, Government Code (Texas Sunset Act), as if it were a state |
|
|
agency subject to review under that chapter. If the program is not |
|
|
continued in existence in accordance with that chapter, the program |
|
|
is abolished and this subchapter expires September 1, 2019. |
|
|
(b) To the extent that Chapter 325, Government Code (Texas |
|
|
Sunset Act), places a duty on a state agency subject to review under |
|
|
that chapter, the department shall perform the duty as it relates to |
|
|
the program. |
|
|
SECTION 19. Subchapter D, Chapter 85, Health and Safety |
|
|
Code, is amended by adding Section 85.090 to read as follows: |
|
|
Sec. 85.090. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The |
|
|
testing, registration, and counseling programs established under |
|
|
this subchapter are subject to review under Chapter 325, Government |
|
|
Code (Texas Sunset Act), as if they were a state agency subject to |
|
|
review under that chapter. If the programs are not continued in |
|
|
existence in accordance with that chapter, the programs are |
|
|
abolished and this subchapter expires September 1, 2019. |
|
|
(b) To the extent that Chapter 325, Government Code (Texas |
|
|
Sunset Act), places a duty on a state agency subject to review under |
|
|
that chapter, the department shall perform the duty as it relates to |
|
|
the programs. |
|
|
SECTION 20. Subchapter A, Chapter 86, Health and Safety |
|
|
Code, is amended by adding Section 86.006 to read as follows: |
|
|
Sec. 86.006. SUNSET PROVISION. The advisory council is |
|
|
subject to Chapter 325, Government Code (Texas Sunset Act). Unless |
|
|
continued in existence as provided by that chapter, the council is |
|
|
abolished and this subchapter expires September 1, 2019. |
|
|
SECTION 21. Section 86.012, Health and Safety Code, is |
|
|
amended by adding Subsection (c) to read as follows: |
|
|
(c) The advisory committee is subject to Chapter 325, |
|
|
Government Code (Texas Sunset Act). Unless continued in existence |
|
|
as provided by that chapter, the committee is abolished and this |
|
|
section expires September 1, 2019. |
|
|
SECTION 22. Section 86.103, Health and Safety Code, is |
|
|
amended by adding Subsection (c) to read as follows: |
|
|
(c) The advisory council is subject to Chapter 325, |
|
|
Government Code (Texas Sunset Act). Unless continued in existence |
|
|
as provided by that chapter, the council is abolished and this |
|
|
section expires September 1, 2019. |
|
|
SECTION 23. Chapter 90, Health and Safety Code, is amended |
|
|
by adding Section 90.004 to read as follows: |
|
|
Sec. 90.004. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The |
|
|
osteoporosis program created by Section 90.002 is subject to review |
|
|
under Chapter 325, Government Code (Texas Sunset Act), as if it were |
|
|
a state agency subject to review under that chapter. If the program |
|
|
is not continued in existence in accordance with that chapter, the |
|
|
program is abolished and this chapter expires September 1, 2019. |
|
|
(b) To the extent that Chapter 325, Government Code (Texas |
|
|
Sunset Act), places a duty on a state agency subject to review under |
|
|
that chapter, the department shall perform the duty as it relates to |
|
|
the program. |
|
|
SECTION 24. Chapter 91, Health and Safety Code, is amended |
|
|
by adding Section 91.004 to read as follows: |
|
|
Sec. 91.004. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The |
|
|
program created by Section 91.002 is subject to review under |
|
|
Chapter 325, Government Code (Texas Sunset Act), as if it were a |
|
|
state agency subject to review under that chapter. If the program |
|
|
is not continued in existence in accordance with that chapter, the |
|
|
program is abolished and this chapter expires September 1, 2019. |
|
|
(b) To the extent that Chapter 325, Government Code (Texas |
|
|
Sunset Act), places a duty on a state agency subject to review under |
|
|
that chapter, the department shall perform the duty as it relates to |
|
|
the program. |
|
|
SECTION 25. Subchapter A, Chapter 93, Health and Safety |
|
|
Code, is amended by adding Section 93.015 to read as follows: |
|
|
Sec. 93.015. SUNSET PROVISION. The Council on |
|
|
Cardiovascular Disease and Stroke is subject to Chapter 325, |
|
|
Government Code (Texas Sunset Act). Unless continued in existence |
|
|
as provided by that chapter, the council is abolished and this |
|
|
chapter expires September 1, 2019. |
|
|
SECTION 26. Chapter 97, Health and Safety Code, is amended |
|
|
by adding Section 97.008 to read as follows: |
|
|
Sec. 97.008. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The |
|
|
arthritis control and prevention program is subject to review under |
|
|
Chapter 325, Government Code (Texas Sunset Act), as if it were a |
|
|
state agency subject to review under that chapter. If the program |
|
|
is not continued in existence in accordance with that chapter, the |
|
|
program is abolished and this chapter expires September 1, 2019. |
|
|
(b) To the extent that Chapter 325, Government Code (Texas |
|
|
Sunset Act), places a duty on a state agency subject to review under |
|
|
that chapter, the department shall perform the duty as it relates to |
|
|
the program. |
|
|
SECTION 27. Subchapter A, Chapter 98, Health and Safety |
|
|
Code, as added by Chapter 359 (S.B. 288), Acts of the 80th |
|
|
Legislature, Regular Session, 2007, is amended by adding Section |
|
|
98.003 to read as follows: |
|
|
Sec. 98.003. SUNSET PROVISION. The Advisory Panel on |
|
|
Health Care-Associated Infections and Preventable Adverse Events |
|
|
is subject to Chapter 325, Government Code (Texas Sunset Act). |
|
|
Unless continued in existence as provided by that chapter, the |
|
|
advisory panel is abolished and this chapter expires September 1, |
|
|
2019. |
|
|
SECTION 28. Chapter 101, Health and Safety Code, is amended |
|
|
by adding Section 101.011 to read as follows: |
|
|
Sec. 101.011. SUNSET PROVISION. The Texas Council on |
|
|
Alzheimer's Disease and Related Disorders is subject to Chapter |
|
|
325, Government Code (Texas Sunset Act). Unless continued in |
|
|
existence as provided by that chapter, the council is abolished and |
|
|
this chapter expires September 1, 2019. |
|
|
SECTION 29. Chapter 103, Health and Safety Code, is amended |
|
|
by adding Section 103.020 to read as follows: |
|
|
Sec. 103.020. SUNSET PROVISION. The Texas Diabetes Council |
|
|
is subject to Chapter 325, Government Code (Texas Sunset Act). |
|
|
Unless continued in existence as provided by that chapter, the |
|
|
council is abolished and this chapter expires September 1, 2019. |
|
|
SECTION 30. Section 105.001(2), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(2) "Department" ["Council"] means the Department of |
|
|
State Health Services [statewide health coordinating council]. |
|
|
SECTION 31. Section 105.002, Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
Sec. 105.002. ESTABLISHMENT OF CENTER. (a) In conjunction |
|
|
with the Texas Higher Education Coordinating Board and in such a way |
|
|
as to avoid duplication of effort, the department [council] shall |
|
|
establish a comprehensive health professions resource center for |
|
|
the collection and analysis of educational and employment trends |
|
|
for health professions in this state. |
|
|
(b) To [In conjunction with the committee formed under
|
|
|
Section 104.0155, to avoid duplication of effort, and to] the |
|
|
extent funding is available through fees collected under Section |
|
|
301.155(c), Occupations Code, the department [council] shall |
|
|
establish a nursing resource section within the center for the |
|
|
collection and analysis of educational and employment trends for |
|
|
nurses in this state. |
|
|
(c) If the nursing resource section established under |
|
|
Subsection (b) is funded from surcharges collected under Section |
|
|
301.155(c), Occupations Code, the department [council] shall |
|
|
provide the Texas Board of Nursing with an annual accounting of the |
|
|
money received from the board. The department [council] may expend |
|
|
a reasonable amount of the money to pay administrative costs of |
|
|
maintaining the nursing resource section. |
|
|
SECTION 32. Sections 105.003(a), (b), (c), (c-1), (d), (f), |
|
|
and (g), Health and Safety Code, are amended to read as follows: |
|
|
(a) The department [council] shall place a high priority on |
|
|
collecting and disseminating data on health professions |
|
|
demonstrating an acute shortage in this state, including: |
|
|
(1) data concerning nursing personnel; and |
|
|
(2) data concerning the health professions in which |
|
|
shortages occur in rural areas. |
|
|
(b) To the extent possible, the department [council] may |
|
|
collect the data from existing sources that the department |
|
|
[council] determines are credible. The department [council] may |
|
|
enter agreements with those sources that establish guidelines |
|
|
concerning the identification, acquisition, transfer, and |
|
|
confidentiality of the data. |
|
|
(c) The Department of Information Resources, through |
|
|
TexasOnline and in consultation with the department [council] and |
|
|
the Health Professions Council, shall add and label as "mandatory" |
|
|
the following fields on an application or renewal form for a |
|
|
license, certificate, or registration for a person subject to |
|
|
Subsection (c-2): |
|
|
(1) full name and last four digits of social security |
|
|
number; |
|
|
(2) full mailing address; and |
|
|
(3) educational background and training, including |
|
|
basic health professions degree, school name and location of basic |
|
|
health professions degree, and graduation year for basic health |
|
|
professions degree, and, as applicable, highest professional |
|
|
degree obtained, related professional school name and location, and |
|
|
related graduation year. |
|
|
(c-1) The Department of Information Resources, through |
|
|
TexasOnline and in consultation with the department [council] and |
|
|
the Health Professions Council, shall add the following fields on |
|
|
an application or renewal form for a license, certificate, or |
|
|
registration for a person subject to Subsection (c-2): |
|
|
(1) date and place of birth; |
|
|
(2) sex; |
|
|
(3) race and ethnicity; |
|
|
(4) location of high school; |
|
|
(5) mailing address of primary practice; |
|
|
(6) number of hours per week spent at primary practice |
|
|
location; |
|
|
(7) description of primary practice setting; |
|
|
(8) primary practice information, including primary |
|
|
specialty practice, practice location zip code, and county; and |
|
|
(9) information regarding any additional practice, |
|
|
including description of practice setting, practice location zip |
|
|
code, and county. |
|
|
(d) To the extent feasible, the department [council] shall |
|
|
use a researcher with a doctorate in nursing to collect, analyze, |
|
|
and disseminate nursing data that may be used to predict supply and |
|
|
demand for nursing personnel in this state using appropriate |
|
|
federal or state supply-and-demand models. The nursing data must |
|
|
at least: |
|
|
(1) include demographics, areas of practice, supply, |
|
|
demand, and migration; and |
|
|
(2) be analyzed to identify trends relating to numbers |
|
|
and geographical distribution, practice setting, and area of |
|
|
practice and, to the extent possible, compare those trends with |
|
|
corresponding national trends. |
|
|
(f) The relevant members of the Health Professions Council, |
|
|
in conjunction with the Department of Information Resources, shall |
|
|
ensure that the information collected under Subsections (c) and |
|
|
(c-1) is transmitted to the department [statewide health
|
|
|
coordinating council]. The department [council] shall store the |
|
|
information as needed and conduct related workforce studies, |
|
|
including a determination of the geographical distribution of the |
|
|
reporting professionals. |
|
|
(g) The relevant members of the Health Professions Council, |
|
|
in conjunction with the Department of Information Resources, shall |
|
|
ensure that the following information is submitted to the |
|
|
department [statewide health coordinating council] for a person |
|
|
subject to Subsection (c-2): |
|
|
(1) certification, registration, or license number; |
|
|
(2) issuance date; |
|
|
(3) method of certification, registration, or |
|
|
licensure; and |
|
|
(4) certification, registration, or licensure status. |
|
|
SECTION 33. Section 105.004, Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
Sec. 105.004. REPORTS. (a) The department [council] may |
|
|
use the data collected and analyzed under this chapter to publish |
|
|
reports regarding: |
|
|
(1) the educational and employment trends for health |
|
|
professions; |
|
|
(2) the supply and demand of health professions; and |
|
|
(3) other issues, as necessary, concerning health |
|
|
professions in this state. |
|
|
(b) The department [council] shall publish reports |
|
|
regarding the data collected and analyzed under this chapter |
|
|
related to: |
|
|
(1) the educational and employment trends of nursing |
|
|
professionals; |
|
|
(2) the supply and demand of nursing professionals; |
|
|
and |
|
|
(3) other issues, as determined necessary by the |
|
|
department [council], concerning nursing professionals in this |
|
|
state. |
|
|
SECTION 34. Section 105.007, Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
Sec. 105.007. CLEARINGHOUSE. (a) As part of the |
|
|
comprehensive health professions resource center, the department |
|
|
[council] shall develop and establish a clearinghouse for health |
|
|
professionals seeking collaborative practice. |
|
|
(b) The department [council] may: |
|
|
(1) set and collect a reasonable fee to offset the cost |
|
|
of complying with this section; |
|
|
(2) solicit, receive, and spend grants, gifts, and |
|
|
donations from public and private sources to comply with this |
|
|
section; and |
|
|
(3) contract with public or private entities in the |
|
|
performance of the department's [its] responsibilities under this |
|
|
section. |
|
|
SECTION 35. Sections 105.008(e) and (h), Health and Safety |
|
|
Code, are amended to read as follows: |
|
|
(e) The nursing resource section shall contract with an |
|
|
independent researcher to develop the research design and conduct |
|
|
the research. The independent researcher must be selected by a |
|
|
selection committee composed of: |
|
|
(1) [one representative elected by a majority of the
|
|
|
nursing advisory committee under Section 104.0155, who is the chair
|
|
|
of the selection committee;
|
|
|
[(2)] one representative designated by the Texas |
|
|
Health Care Policy Council; |
|
|
(2) [(3)] the presiding officer of the Texas Board of |
|
|
Nursing; |
|
|
(3) [(4)] one representative of the Texas Higher |
|
|
Education Coordinating Board, designated by the governor; |
|
|
(4) [(5)] one representative designated by the Texas |
|
|
Hospital Association; |
|
|
(5) [(6)] one representative designated by the Texas |
|
|
Association of Business; and |
|
|
(6) [(7)] one representative designated by a clinical |
|
|
competency assessment program that meets the requirements of |
|
|
Section 301.157(d-8), Occupations Code[; and
|
|
|
[(8)
the nurse researcher member of the nursing
|
|
|
advisory committee under Section 104.0155]. |
|
|
(h) The executive commissioner of the Health and Human |
|
|
Services Commission [nursing advisory committee formed under
|
|
|
Section 104.0155] shall oversee [serve as the oversight committee
|
|
|
for] the study. |
|
|
SECTION 36. Chapter 105, Health and Safety Code, is amended |
|
|
by adding Section 105.009 to read as follows: |
|
|
Sec. 105.009. APPLICATION OF SUNSET ACT TO CENTER. (a) The |
|
|
comprehensive health professions resource center created by |
|
|
Section 105.002 is subject to review under Chapter 325, Government |
|
|
Code (Texas Sunset Act), as if it were a state agency subject to |
|
|
review under that chapter. If the center is not continued in |
|
|
existence in accordance with that chapter, the center is abolished |
|
|
and this chapter expires September 1, 2019. |
|
|
(b) To the extent that Chapter 325, Government Code (Texas |
|
|
Sunset Act), places a duty on a state agency subject to review under |
|
|
that chapter, the department shall perform the duty as it relates to |
|
|
the center. |
|
|
SECTION 37. Chapter 107, Health and Safety Code, is amended |
|
|
by adding Section 107.010 to read as follows: |
|
|
Sec. 107.010. SUNSET PROVISION. The health disparities |
|
|
task force is subject to Chapter 325, Government Code (Texas Sunset |
|
|
Act). Unless continued in existence as provided by that chapter, |
|
|
the task force is abolished and this chapter expires September 1, |
|
|
2019. |
|
|
SECTION 38. Chapter 112, Health and Safety Code, is amended |
|
|
by adding Section 112.015 to read as follows: |
|
|
Sec. 112.015. SUNSET PROVISION. The Border Health |
|
|
Foundation is subject to Chapter 325, Government Code (Texas Sunset |
|
|
Act). Unless continued in existence as provided by that chapter, |
|
|
the foundation is abolished and this chapter expires September 1, |
|
|
2019. |
|
|
SECTION 39. Section 113.002, Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
Sec. 113.002. SUNSET PROVISION; ABOLISHMENT. The Texas |
|
|
Organ, Tissue, and Eye Donor Council is subject to Chapter 325, |
|
|
Government Code (Texas Sunset Act). Unless continued in existence |
|
|
as provided by that chapter, the council is abolished and this |
|
|
chapter expires September 1, 2019 [2017], unless the department and |
|
|
the council mutually determine that the public interest is best |
|
|
served by abolition of the council and agree to abolish the council |
|
|
on an earlier date. |
|
|
SECTION 40. The heading to Chapter 114, Health and Safety |
|
|
Code, is amended to read as follows: |
|
|
CHAPTER 114. [INTERAGENCY] OBESITY COORDINATION EFFORT [COUNCIL] |
|
|
SECTION 41. Section 114.001, Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
Sec. 114.001. DEFINITION. In this chapter, "institution of |
|
|
higher education" has the meaning assigned by Section 61.003, |
|
|
Education Code ["council" means the interagency obesity council
|
|
|
created by this chapter]. |
|
|
SECTION 42. Section 114.005, Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
Sec. 114.005. REVIEW OF AGENCY PROGRAMS. The institutions |
|
|
of higher education that receive state money for obesity research |
|
|
[council] shall jointly review the status of the programs of the |
|
|
Department of Agriculture, the Department of State Health Services, |
|
|
and the Texas Education Agency that promote better health and |
|
|
nutrition and prevent obesity among children and adults in this |
|
|
state. |
|
|
SECTION 43. Sections 114.007(a) and (b), Health and Safety |
|
|
Code, are amended to read as follows: |
|
|
(a) Not later than January 15 of each even-numbered |
|
|
[odd-numbered] year, the institutions of higher education |
|
|
performing the review under Section 114.005 [the council] shall |
|
|
jointly submit a report to the governor, the lieutenant governor, |
|
|
and the speaker of the house of representatives on the activities of |
|
|
the institutions [council] under Section [Sections] 114.005 [and
|
|
|
114.006] during the preceding two calendar years. |
|
|
(b) A report submitted by the institutions of higher |
|
|
education [council] under Subsection (a) must include the following |
|
|
information regarding discussions of agency programs under Section |
|
|
114.005: |
|
|
(1) a list of the programs within each agency |
|
|
[represented on the council] that are designed to promote better |
|
|
health and nutrition; |
|
|
(2) an assessment of the steps taken by each program |
|
|
during the preceding two calendar years; |
|
|
(3) a report of the progress made by taking these steps |
|
|
in reaching each program's goals; |
|
|
(4) the areas of improvement that are needed in each |
|
|
program; and |
|
|
(5) recommendations for future goals or legislation. |
|
|
SECTION 44. Section 115.012, Health and Safety Code, as |
|
|
added by Chapters 835 (S.B. 1824) and 1133 (H.B. 2196), Acts of the |
|
|
81st Legislature, Regular Session, 2009, is amended to read as |
|
|
follows: |
|
|
Sec. 115.012. SUNSET PROVISION. The Interagency Task Force |
|
|
for Children With Special Needs is subject to Chapter 325, |
|
|
Government Code (Texas Sunset Act). Unless continued in existence |
|
|
as provided by that chapter, the task force is abolished and this |
|
|
chapter expires September 1, 2019 [2015]. |
|
|
SECTION 45. Section 221.005(b), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(b) This chapter does not exempt a corporation or user from |
|
|
compliance with Chapter [104 or] 225. |
|
|
SECTION 46. Section 222.022(1), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(1) "Health care facility" means a public or private |
|
|
hospital, skilled nursing facility, intermediate care facility, |
|
|
ambulatory surgical center, family planning clinic that performs |
|
|
ambulatory surgical procedures, rural or urban health initiative |
|
|
clinic, end stage renal disease facility, or inpatient |
|
|
rehabilitation facility. The term does not include the office of |
|
|
physicians or practitioners of the healing arts practicing |
|
|
individually or in groups or [has the meaning assigned by Section
|
|
|
104.002, except that the term does not include] a chemical |
|
|
dependency treatment facility licensed by the Department of State |
|
|
Health Services [Texas Commission on Alcohol and Drug Abuse]. |
|
|
SECTION 47. Section 311.033(d), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(d) A hospital that does not submit to the department the |
|
|
data required under this section is subject to civil penalties |
|
|
under Section 311.0331 [104.043]. |
|
|
SECTION 48. Subchapter C, Chapter 311, Health and Safety |
|
|
Code, is amended by adding Section 311.0331 to read as follows: |
|
|
Sec. 311.0331. FAILURE TO SUBMIT DATA; CIVIL PENALTY. (a) |
|
|
If the department does not receive necessary data from a hospital as |
|
|
required by Section 311.033, the department shall send to the |
|
|
hospital a notice requiring the hospital to submit the data not |
|
|
later than the 30th day after the date on which the hospital |
|
|
receives the notice. |
|
|
(b) A hospital that does not submit the data during the |
|
|
period determined under Subsection (a) is subject to a civil |
|
|
penalty of not more than $500 for each day after the period that |
|
|
hospital fails to submit the data. |
|
|
(c) At the request of the executive commissioner of the |
|
|
Health and Human Services Commission, the attorney general shall |
|
|
sue in the name of the state to recover the civil penalty. |
|
|
SECTION 49. Section 577.016(a), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(a) The department may deny, suspend, or revoke a license if |
|
|
the department finds that the applicant or licensee has |
|
|
substantially failed to comply with: |
|
|
(1) department rules; |
|
|
(2) this subtitle; or |
|
|
(3) Chapter [Chapters 104 and] 225. |
|
|
SECTION 50. Section 1001.071, Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
Sec. 1001.071. GENERAL POWERS AND DUTIES OF DEPARTMENT |
|
|
RELATED TO HEALTH CARE. The department is responsible for |
|
|
administering human services programs regarding the public health, |
|
|
including: |
|
|
(1) implementing the state's public health care |
|
|
delivery programs under the authority of the department; |
|
|
(2) administering state health facilities, hospitals, |
|
|
and health care systems; |
|
|
(3) developing and providing health care services, as |
|
|
directed by law; |
|
|
(4) providing for the prevention and control of |
|
|
communicable diseases; |
|
|
(5) providing public education on health-related |
|
|
matters, as directed by law; |
|
|
(6) compiling, collecting, and reporting |
|
|
health-related information, as directed by law; |
|
|
(7) acting as the lead agency for implementation of |
|
|
state policies regarding the human immunodeficiency virus and |
|
|
acquired immunodeficiency syndrome and administering programs |
|
|
related to the human immunodeficiency virus and acquired |
|
|
immunodeficiency syndrome; |
|
|
(8) investigating the causes of injuries and methods |
|
|
of prevention; |
|
|
(9) administering a grant program to provide |
|
|
appropriated money to counties, municipalities, public health |
|
|
districts, and other political subdivisions for their use to |
|
|
provide or pay for essential public health services; |
|
|
(10) administering the registration of vital |
|
|
statistics; |
|
|
(11) licensing, inspecting, and enforcing regulations |
|
|
regarding health facilities, other than long-term care facilities |
|
|
regulated by the Department of Aging and Disability Services; |
|
|
(12) implementing established standards and |
|
|
procedures for the management and control of sanitation and for |
|
|
health protection measures; |
|
|
(13) enforcing regulations regarding radioactive |
|
|
materials; |
|
|
(14) enforcing regulations regarding food, bottled |
|
|
and vended drinking water, drugs, cosmetics, and health devices; |
|
|
(15) enforcing regulations regarding food service |
|
|
establishments, retail food stores, mobile food units, and roadside |
|
|
food vendors; and |
|
|
(16) enforcing regulations controlling hazardous |
|
|
substances in households and workplaces. |
|
|
SECTION 51. Chapter 1001, Health and Safety Code, is |
|
|
amended by adding Subchapter G to read as follows: |
|
|
SUBCHAPTER G. SUBMISSION AND COLLECTION OF HEALTH CARE DATA |
|
|
Sec. 1001.171. DEFINITION. In this subchapter, "rural |
|
|
provider" means a provider: |
|
|
(1) located in a county: |
|
|
(A) with a population of 35,000 or less; or |
|
|
(B) with a population of more than 35,000, that |
|
|
has 100 or fewer licensed hospital beds, and that is not located in |
|
|
an area that is delineated as an urbanized area by the United States |
|
|
Bureau of the Census; and |
|
|
(2) that is not a state-owned hospital or a hospital |
|
|
that is managed or owned, directly or indirectly, by an individual, |
|
|
association, partnership, corporation, or other legal entity that |
|
|
owns or manages one or more other hospitals. |
|
|
Sec. 1001.172. DATA SUBMISSION AND COLLECTION. (a) The |
|
|
department may collect and, except as provided by Subsections (c) |
|
|
and (d), providers shall submit to the department or another entity |
|
|
as determined by the department all data required by this section. |
|
|
The data must be collected according to uniform submission formats, |
|
|
coding systems, and other technical specifications necessary to |
|
|
make the incoming data substantially valid, consistent, |
|
|
compatible, and manageable using electronic data processing, if |
|
|
available. |
|
|
(b) The department shall adopt rules to implement the data |
|
|
submission requirements imposed by Subsection (a) in appropriate |
|
|
stages to allow for the development of efficient systems for the |
|
|
collection and submission of the data. A rule adopted by the |
|
|
department that requires submission of a data element that was not |
|
|
required to be submitted before adoption of the rule: |
|
|
(1) may not take effect before the 90th day after the |
|
|
date the rule is adopted; and |
|
|
(2) must take effect not later than the first |
|
|
anniversary after the date the rule is adopted. |
|
|
(c) A rural provider may provide the data required by this |
|
|
subchapter. |
|
|
(d) A hospital may provide the data required by this |
|
|
subchapter if the hospital: |
|
|
(1) is exempt from state franchise, sales, ad valorem, |
|
|
or other state or local taxes; and |
|
|
(2) does not seek or receive reimbursement for |
|
|
providing health care services to patients from any source, |
|
|
including: |
|
|
(A) the patient or any person legally obligated |
|
|
to support the patient; |
|
|
(B) a third-party payor; and |
|
|
(C) Medicaid, Medicare, or any other federal, |
|
|
state, or local program for indigent health care. |
|
|
(e) The department may not collect data from an individual |
|
|
physician or from an entity that is composed entirely of physicians |
|
|
and that is formed under Title 7, Business Organizations Code, or is |
|
|
a professional association organized under the former Texas |
|
|
Professional Association Act (Article 1528f, Vernon's Texas Civil |
|
|
Statutes) or formed under the Texas Professional Association Law, |
|
|
as described by Section 1.008, Business Organizations Code, a |
|
|
limited liability partnership organized under former Section 3.08, |
|
|
Texas Revised Partnership Act (Article 6132b-3.08, Vernon's Texas |
|
|
Civil Statutes), or described by Subchapter J, Chapter 152, |
|
|
Business Organizations Code, or a limited liability company |
|
|
organized under the former Texas Limited Liability Company Act |
|
|
(Article 1528n, Vernon's Texas Civil Statutes) or formed under the |
|
|
Texas Limited Liability Company Law, as described by Section 1.008, |
|
|
Business Organizations Code, except to the extent the entity owns |
|
|
and operates a health care facility in this state. This subsection |
|
|
does not prohibit the release of data about physicians using |
|
|
uniform physician identifiers that has been collected from a health |
|
|
care facility under this subchapter. |
|
|
(f) The department is the single collection point for the |
|
|
receipt of data from providers. The department may transfer |
|
|
collection of any data required to be collected by the department |
|
|
under any other law to the statewide health care data collection |
|
|
system. |
|
|
(g) The department may not require a provider to submit data |
|
|
more frequently than quarterly. A provider may submit data more |
|
|
frequently than quarterly. |
|
|
(h) The department shall coordinate data collection with |
|
|
the data collection formats used by federally qualified health |
|
|
centers. To satisfy the requirements of this subchapter: |
|
|
(1) a federally qualified health center shall submit |
|
|
annually to the department a copy of the Medicaid cost report of |
|
|
federally qualified health centers; and |
|
|
(2) a provider receiving federal funds under 42 U.S.C. |
|
|
Section 254b, 254c, or 256 shall submit annually to the department a |
|
|
copy of the Bureau of Common Reporting Requirements data report |
|
|
developed by the United States Public Health Service. |
|
|
(i) The department shall coordinate data collection with |
|
|
the data submission formats used by hospitals and other providers. |
|
|
The department shall accept data in the format developed by the |
|
|
National Uniform Billing Committee (Uniform Hospital Billing Form |
|
|
UB 92) and HCFA-1500 or their successors or other universally |
|
|
accepted standardized forms that hospitals and other providers use |
|
|
for other complementary purposes. |
|
|
(j) The department by rule shall develop reasonable |
|
|
alternate data submission procedures for providers that do not |
|
|
possess electronic data processing capacity. |
|
|
(k) The department shall collect health care data elements |
|
|
relating to payer type, the racial and ethnic background of |
|
|
patients, and the use of health care services by consumers. The |
|
|
department shall prioritize data collection efforts on inpatient |
|
|
and outpatient surgical and radiological procedures from |
|
|
hospitals, ambulatory surgical centers, and freestanding radiology |
|
|
centers. |
|
|
(l) To the extent feasible, the department shall obtain from |
|
|
public records the information that is available from those |
|
|
records. |
|
|
(m) A provider of a health benefit plan shall annually |
|
|
submit to the department aggregate data by service area required by |
|
|
the Health Plan Employer Data and Information Set as operated by the |
|
|
National Committee for Quality Assurance. The department may |
|
|
approve the submission of data in accordance with other methods |
|
|
generally used by the health benefit plan industry. If the Health |
|
|
Plan Employer Data and Information Set does not generally apply to a |
|
|
health benefit plan, the department shall require submission of |
|
|
data in accordance with other methods. This subsection does not |
|
|
relieve a health care facility that provides services under a |
|
|
health benefit plan from the requirements of this subchapter. |
|
|
Information submitted under this section: |
|
|
(1) is subject to Section 1001.174; and |
|
|
(2) is not subject to Section 1001.173. |
|
|
Sec. 1001.173. COLLECTION AND DISSEMINATION OF PROVIDER |
|
|
QUALITY DATA. (a) Subject to Section 1001.172, the department |
|
|
shall collect data reflecting provider quality based on a |
|
|
methodology and review process established through the |
|
|
department's rulemaking process. The methodology shall identify |
|
|
and measure quality standards and adhere to any federal mandates. |
|
|
(b) The department shall study and analyze initial |
|
|
methodologies for obtaining provider quality data, including |
|
|
outcome data. |
|
|
(c) Provider quality data for reports shall be published and |
|
|
made available to the public, on a time schedule the department |
|
|
considers appropriate. |
|
|
(d) If the department determines that provider quality data |
|
|
to be published under Subsection (c) does not provide the intended |
|
|
result or is inaccurate or inappropriate for dissemination, the |
|
|
department is not required to publish the data or reports based in |
|
|
whole or in part on the data. This subsection does not affect the |
|
|
release of public use data in accordance with Section 1001.174 or |
|
|
the release of information submitted under Section 1001.172(m). |
|
|
(e) The department shall adopt rules allowing a provider to |
|
|
submit concise written comments regarding any specific provider |
|
|
quality data to be released concerning the provider. The |
|
|
department shall make the comments available to the public and in an |
|
|
electronic form accessible through the Internet. The comments |
|
|
shall be attached to any public release of provider quality data. |
|
|
Providers shall submit the comments to the department to be |
|
|
attached to the public release of provider quality data in the same |
|
|
format as the provider quality data that is to be released. |
|
|
(f) The methodology adopted by the department for measuring |
|
|
quality shall include case-mix qualifiers, severity adjustment |
|
|
factors, adjustments for medical education and research, and any |
|
|
other factors necessary to accurately reflect provider quality. |
|
|
(g) In addition to the requirements of this section, any |
|
|
release of provider quality data shall comply with Sections |
|
|
1001.174(g) and (h). |
|
|
(h) A provider quality data report may not identify an |
|
|
individual physician by name. A provider quality data report must |
|
|
identify a physician by the uniform physician identifier designated |
|
|
by the department under Section 1001.174(c). |
|
|
(i) The department shall release provider quality data in an |
|
|
aggregate form without uniform physician identifiers if: |
|
|
(1) the data relates to a rural provider; or |
|
|
(2) the cell size of the data is less than the minimum |
|
|
size established by department rule that would enable |
|
|
identification of an individual patient or physician. |
|
|
Sec. 1001.174. DISSEMINATION OF PUBLIC USE DATA AND |
|
|
DEPARTMENT PUBLICATIONS. (a) The department shall promptly |
|
|
provide public use data and data collected in accordance with |
|
|
Section 1001.172(m) to those requesting it. The public use data |
|
|
does not include provider quality data prescribed by Section |
|
|
1001.173 or confidential data prescribed by Section 1001.176. |
|
|
(b) Subject to the restrictions on access to department data |
|
|
prescribed by Sections 1001.173 and 1001.176, and using the public |
|
|
use data and other data, records, and matters of record available to |
|
|
the department, the department shall prepare and issue reports to |
|
|
the governor, the legislature, and the public as provided by this |
|
|
section. The department must issue the reports at least annually. |
|
|
(c) Subject to the restrictions on access to department data |
|
|
prescribed by Sections 1001.173 and 1001.176, the department shall |
|
|
use public use data to prepare and issue reports that provide |
|
|
information relating to providers, including the incidence rate of |
|
|
selected medical or surgical procedures. The reports must provide |
|
|
the data in a manner that identifies individual providers, |
|
|
including individual physicians, and that identifies and compares |
|
|
data elements for all providers. An individual physician may not be |
|
|
identified by name. An individual physician shall be identified by |
|
|
uniform physician identifiers. The department by rule shall |
|
|
designate the characters to be used as uniform physician |
|
|
identifiers. |
|
|
(d) The department shall use public use data to prepare and |
|
|
issue reports that provide information for review and analysis by |
|
|
the commission relating to services that are provided: |
|
|
(1) in a niche hospital, as that term is defined by |
|
|
Section 105.002, Occupations Code; and |
|
|
(2) by a physician with an ownership interest in the |
|
|
niche hospital. |
|
|
(e) Subsection (d) does not apply to an ownership interest |
|
|
in publicly available shares of a registered investment company, |
|
|
including a mutual fund, that owns publicly traded equity |
|
|
securities or debt obligations issued by a niche hospital or an |
|
|
entity that owns a niche hospital. |
|
|
(f) The department shall adopt procedures to establish the |
|
|
accuracy and consistency of the public use data before releasing |
|
|
the public use data to the public. |
|
|
(g) If public use data is requested from the department |
|
|
about a specific provider, the department shall notify the provider |
|
|
about the release of the data. A provider may not interfere with |
|
|
the release of the data. |
|
|
(h) A report issued by the department shall include a |
|
|
reasonable review and comment period for the affected providers |
|
|
before public release of the report. |
|
|
(i) The department shall adopt rules allowing a provider to |
|
|
submit concise written comments regarding any specific public use |
|
|
data to be released concerning the provider. The department shall |
|
|
make the comments available to the public and in an electronic form |
|
|
accessible through the Internet. The comments shall be attached to |
|
|
any public release of the public use data. A provider shall submit |
|
|
the comments to the department to be attached to the public release |
|
|
of public use data in the same format as the public use data that is |
|
|
to be released. |
|
|
(j) Electronic media containing public use data and |
|
|
provider quality reports that is released to the public must |
|
|
include general consumer education material, including an |
|
|
explanation of the benefits and limitations of the information |
|
|
provided in the public use data and provider quality reports. |
|
|
(k) The department shall release public use data in an |
|
|
aggregate form without uniform physician identifiers if: |
|
|
(1) the data relates to a rural provider; or |
|
|
(2) the cell size of the data is less than the minimum |
|
|
size established by department rule that would enable |
|
|
identification of an individual patient or physician. |
|
|
Sec. 1001.175. COMPUTER ACCESS TO DATA. (a) The department |
|
|
shall provide for computer-to-computer access to the public use |
|
|
data. A report must maintain patient confidentiality as provided |
|
|
by Section 1001.176. |
|
|
(b) The department may charge a person requesting public use |
|
|
or provider quality data a fee for the data. The fee: |
|
|
(1) may reflect the quantity of information provided |
|
|
and the expense incurred by the department in collecting and |
|
|
providing the data; and |
|
|
(2) must be set at a level that will raise revenue |
|
|
sufficient for the department's operations under this subchapter. |
|
|
(c) The department may not charge a fee for providing public |
|
|
use data to a state agency. |
|
|
Sec. 1001.176. CONFIDENTIALITY AND GENERAL ACCESS TO DATA. |
|
|
(a) The department shall use data received by the department for |
|
|
the benefit of the public. Subject to specific limitations |
|
|
established by this subchapter and department rule, the department |
|
|
shall make determinations on requests for information in favor of |
|
|
access. |
|
|
(b) The department by rule shall designate the characters to |
|
|
be used as uniform patient identifiers. The basis for assignment of |
|
|
the characters and the manner in which the characters are assigned |
|
|
are confidential. |
|
|
(c) Unless specifically authorized by this subchapter, the |
|
|
department may not release and a person may not gain access to any |
|
|
data that: |
|
|
(1) could reasonably be expected to reveal the |
|
|
identity of a patient; |
|
|
(2) could reasonably be expected to reveal the |
|
|
identity of a physician; |
|
|
(3) discloses a provider discount or a differential |
|
|
between payments and billed charges; |
|
|
(4) relates to actual payments to an identified |
|
|
provider made by a payer; or |
|
|
(5) is submitted to the department in a uniform |
|
|
submission format that is not included in the public use data set |
|
|
established, except in accordance with Section 1001.177. |
|
|
(d) All data collected and used by the department under this |
|
|
subchapter is subject to the confidentiality provisions and |
|
|
criminal penalties of: |
|
|
(1) Section 81.103; |
|
|
(2) Section 311.037; and |
|
|
(3) Section 159.002, Occupations Code. |
|
|
(e) Data on patients and compilations produced from the data |
|
|
collected that identifies a patient is not: |
|
|
(1) subject to discovery, subpoena, or any other means |
|
|
of legal compulsion for release to any person or entity except as |
|
|
provided by this section; or |
|
|
(2) admissible in any civil, administrative, or |
|
|
criminal proceeding. |
|
|
(f) Data on physicians and compilations produced from the |
|
|
data collected that identifies a physician is not: |
|
|
(1) subject to discovery, subpoena, or any other means |
|
|
of legal compulsion for release to any person or entity except as |
|
|
provided by this section; or |
|
|
(2) admissible in any civil, administrative, or |
|
|
criminal proceeding. |
|
|
(g) The department may not release data elements in a manner |
|
|
that will reveal the identity of a patient or a physician. |
|
|
(h) Subsections (c) and (g) do not prohibit the release of a |
|
|
uniform physician identifier in conjunction with: |
|
|
(1) a provider quality report in accordance with |
|
|
Section 1001.173; or |
|
|
(2) associated public use data in accordance with |
|
|
Section 1001.174. |
|
|
(i) Notwithstanding any other law, the department may not |
|
|
provide information made confidential by this section to any other |
|
|
agency of this state. |
|
|
(j) The department by rule shall develop and implement a |
|
|
mechanism to comply with Subsections (c)(1) and (2). |
|
|
Sec. 1001.177. SCIENTIFIC REVIEW PANEL. (a) The |
|
|
department shall establish a scientific review panel to review and |
|
|
approve requests for information other than public use data. |
|
|
(b) The members of the panel must have experience and |
|
|
expertise in ethics, patient confidentiality, and health care data. |
|
|
(c) To assist the panel in determining whether to approve a |
|
|
request for information, the department shall adopt rules similar |
|
|
to the guidelines on releasing data of the Health Care Financing |
|
|
Administration of the United States Department of Health and Human |
|
|
Services. |
|
|
(d) A request for information, other than public use data, |
|
|
must be made on the form created by the department. |
|
|
Sec. 1001.178. CIVIL PENALTY. (a) A person who knowingly |
|
|
or negligently releases data in violation of this subchapter is |
|
|
liable for a civil penalty of not more than $10,000. |
|
|
(b) A person who fails to supply available data under |
|
|
Sections 1001.172 and 1001.173 is liable for a civil penalty of not |
|
|
less than $1,000 or more than $10,000 for each violation. |
|
|
(c) If requested by the department, the attorney general |
|
|
shall enforce this subchapter. |
|
|
(d) The venue of an action brought under this section is in |
|
|
Travis County. |
|
|
(e) A civil penalty recovered in a suit instituted by the |
|
|
attorney general under this subchapter shall be deposited in the |
|
|
general revenue fund to the credit of the health care information |
|
|
account. |
|
|
Sec. 1001.179. CRIMINAL PENALTY. (a) A person commits an |
|
|
offense if the person: |
|
|
(1) knowingly accesses data in violation of this |
|
|
subchapter; or |
|
|
(2) releases data, with criminal negligence, in |
|
|
violation of this subchapter. |
|
|
(b) An offense under this section is a state jail felony. |
|
|
Sec. 1001.180. RULES. The executive commissioner may adopt |
|
|
rules as necessary to implement this subchapter, including rules |
|
|
that: |
|
|
(1) prescribe a process for providers to submit data |
|
|
consistent with Section 1001.172; and |
|
|
(2) adopt and implement a methodology to collect and |
|
|
disseminate data reflecting provider quality in accordance with |
|
|
Section 1001.173. |
|
|
SECTION 52. Section 56.3075(a), Education Code, is amended |
|
|
to read as follows: |
|
|
(a) If the money available for TEXAS grants in a period for |
|
|
which grants are awarded is sufficient to provide grants to all |
|
|
eligible applicants in amounts specified by Section 56.307, the |
|
|
coordinating board may use any excess money available for TEXAS |
|
|
grants to award a grant in an amount not more than three times the |
|
|
amount that may be awarded under Section 56.307 to a student who: |
|
|
(1) is enrolled in a program that fulfills the |
|
|
educational requirements for licensure or certification by the |
|
|
state in a health care profession that the coordinating board, in |
|
|
consultation with the Texas Workforce Commission and the Department |
|
|
of State Health Services [statewide health coordinating council], |
|
|
has identified as having a critical shortage in the number of |
|
|
license holders needed in this state; |
|
|
(2) has completed at least one-half of the work toward |
|
|
a degree or certificate that fulfills the educational requirement |
|
|
for licensure or certification; and |
|
|
(3) meets all the requirements to receive a grant |
|
|
award under Section 56.307. |
|
|
SECTION 53. Section 56.4075(a), Education Code, is amended |
|
|
to read as follows: |
|
|
(a) The coordinating board may award a grant in an amount |
|
|
not more than three times the amount that may be awarded under |
|
|
Section 56.407 to a student who: |
|
|
(1) is enrolled in a program that fulfills the |
|
|
educational requirements for licensure or certification by the |
|
|
state in a health care profession that the coordinating board, in |
|
|
consultation with the Texas Workforce Commission and the Department |
|
|
of State Health Services [statewide health coordinating council], |
|
|
has identified as having a critical shortage in the number of |
|
|
license holders needed in this state; |
|
|
(2) has completed at least one-half of the work toward |
|
|
a degree or certificate that fulfills the educational requirement |
|
|
for licensure or certification; and |
|
|
(3) meets all the requirements to receive a grant |
|
|
award under Section 56.407. |
|
|
SECTION 54. Section 501.253(a), Insurance Code, is amended |
|
|
to read as follows: |
|
|
(a) The office is entitled to information that is |
|
|
confidential under a law of this state, including Section 843.006 |
|
|
of this code, Subchapter G, Chapter 1001 [108], Health and Safety |
|
|
Code, and Chapter 552, Government Code. |
|
|
SECTION 55. Section 301.157(h), Occupations Code, is |
|
|
amended to read as follows: |
|
|
(h) The board, in collaboration with the nursing educators, |
|
|
the Texas Higher Education Coordinating Board, and the Department |
|
|
of State Health Services [Texas Health Care Policy Council], shall |
|
|
implement, monitor, and evaluate a plan for the creation of |
|
|
innovative nursing education models that promote increased |
|
|
enrollment in this state's nursing programs. |
|
|
SECTION 56. The following laws are repealed: |
|
|
(1) Chapter 104, Health and Safety Code; |
|
|
(2) Chapter 108, Health and Safety Code; |
|
|
(3) Chapter 109, Health and Safety Code; and |
|
|
(4) Sections 114.002, 114.003, 114.004, 114.006, |
|
|
114.007(c), and 114.008, Health and Safety Code. |
|
|
SECTION 57. On September 1, 2011: |
|
|
(1) the statewide health coordinating council is |
|
|
abolished; |
|
|
(2) all property in the custody of the statewide |
|
|
health coordinating council is transferred to the Department of |
|
|
State Health Services; and |
|
|
(3) all contracts, leases, rights, and obligations of |
|
|
the statewide health coordinating council are transferred to the |
|
|
Department of State Health Services. |
|
|
SECTION 58. On September 1, 2011: |
|
|
(1) the Texas Health Care Policy Council is abolished; |
|
|
(2) all property in the custody of the Texas Health |
|
|
Care Policy Council is transferred to the Department of State |
|
|
Health Services; and |
|
|
(3) all contracts, leases, rights, and obligations of |
|
|
the Texas Health Care Policy Council are transferred to the |
|
|
Department of State Health Services. |
|
|
SECTION 59. On September 1, 2011: |
|
|
(1) the Interagency Obesity Council is abolished; |
|
|
(2) all property in the custody of the Interagency |
|
|
Obesity Council is transferred to the Department of State Health |
|
|
Services; and |
|
|
(3) all contracts, leases, rights, and obligations of |
|
|
the Interagency Obesity Council are transferred to the Department |
|
|
of State Health Services. |
|
|
SECTION 60. This Act takes effect September 1, 2011. |